The Commission issues this policy statement to provide guidance that the Federal Power Act (FPA) should be interpreted as not prohibiting the payment of dividends from funds included in capital account by any public utility that has a market-based rate tariff on file with the Commission, does not have captive customers, and does not provide transmission or local distribution services. The Commission has concluded that the payment of dividends from funds included in capital account by such public utilities does not implicate the concerns underlying the enactment of the provision of the FPA that prohibits the payment of dividends from funds included in capital account. Thus, it is unnecessary for any public utility that meets the criteria identified in this policy statement to file a petition for declaratory order in order to seek assurances that dividends paid from capital account are not unlawful under this provision of the FPA.

The Commission is clarifying its regulations to make explicit that, consistent with Order No. 714 and its subsequent orders, statutory tariff and rate filings must be made electronically, according to the Commission's posted requirements for eTariff filings. Filings not made in proper electronic format will not become effective under the applicable statutes if the Commission fails to act by the proposed effective dates in the applicants' pleadings.

This notice contains corrections to the order (RM01-8-000, et al) which was published in the Federal Register of Friday, March 14, 2014 (79 FR 14369). This order updated the EQR Data Dictionary to indicate how market participants should enter information in certain fields of the new EQR system so that the new system's validation process will more readily accept filings. These updates to the EQR Data Dictionary enable the implementation of the Commission's revised EQR filing process. This order also updated the EQR Data Dictionary's list of Balancing Authority names and abbreviations to reflect changes in the official source of such data.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

The Federal Energy Regulatory Commission (Commission) is proposing to amend its regulations governing market-based rates for public utilities pursuant to the Federal Power Act (FPA). The Commission is proposing to revise its current standards for market-based rates for sales of electric energy, capacity, and ancillary services to streamline certain aspects of its filing requirements to reduce the administrative burden on applicants and the Commission. The Commission seeks comment on the proposed revisions. In addition, the Commission provides some clarification regarding the standards for obtaining and retaining market-based rate authority.

2014-07-23; vol. 79 # 141 - Wednesday, July 23, 2014

79 FR 42665 - Payment of Dividends From Funds Included in Capital Account

The Commission issues this policy statement to provide guidance that the Federal Power Act (FPA) should be interpreted as not prohibiting the payment of dividends from funds included in capital account by any public utility that has a market-based rate tariff on file with the Commission, does not have captive customers, and does not provide transmission or local distribution services. The Commission has concluded that the payment of dividends from funds included in capital account by such public utilities does not implicate the concerns underlying the enactment of the provision of the FPA that prohibits the payment of dividends from funds included in capital account. Thus, it is unnecessary for any public utility that meets the criteria identified in this policy statement to file a petition for declaratory order in order to seek assurances that dividends paid from capital account are not unlawful under this provision of the FPA.

This document contains corrections to the proposed rule (RM14-11-000) which published in the Federal Register of Friday, May 30, 2014 (79 FR 31061). The regulation proposed to amend regulations to waive the Open Access Transmission Tariff requirements, the Open Access Same-Time Information System requirements of its regulations, and the Standards of Conduct requirements of its regulations, for any public utility that is subject to such requirements solely because it owns, controls, or operates Interconnection Customer's Interconnection Facilities, in whole or in part, and sells electric energy from its Generating Facility, as those terms are defined in the pro forma Large Generator Interconnection Procedures and the pro forma Large Generator Interconnection Agreement and adopted in Order No. 2003. The Commission proposed to find that requiring the filing of an Open Access Transmission Tariff is not necessary to prevent unjust or unreasonable rates or unduly discriminatory behavior with respect to Interconnection Customer's Interconnection Facilities over which interconnection and transmission services can be ordered pursuant to sections 210, 211, and 212 of the Federal Power Act.

In this Notice of Proposed Rulemaking, the Federal Energy Regulatory Commission proposes to amend its regulations to waive the Open Access Transmission Tariff requirements, the Open Access Same-Time Information System requirements its regulations, and the Standards of Conduct requirements its regulations for any public utility that is subject to such requirements solely because it owns, controls, or operates Interconnection Customer's Interconnection Facilities, in whole or in part, and sells electric energy from its Generating Facility, as those terms are defined in the pro forma Large Generator Interconnection Procedures and the pro forma Large Generator Interconnection Agreement and adopted in Order No. 2003. The Commission proposes to find that requiring the filing of an Open Access Transmission Tariff is not necessary to prevent unjust or unreasonable rates or unduly discriminatory behavior with respect to Interconnection Customer's Interconnection Facilities over which interconnection and transmission services can be ordered pursuant to the Federal Power Act.

The Commission is clarifying its regulations to make explicit that, consistent with Order No. 714 and its subsequent orders, statutory tariff and rate filings must be made electronically, according to the Commission's posted requirements for eTariff filings. Filings not made in proper electronic format will not become effective under the applicable statutes if the Commission fails to act by the proposed effective dates in the applicants' pleadings.

This notice contains corrections to the order (RM01-8-000, et al) which was published in the Federal Register of Friday, March 14, 2014 (79 FR 14369). This order updated the EQR Data Dictionary to indicate how market participants should enter information in certain fields of the new EQR system so that the new system's validation process will more readily accept filings. These updates to the EQR Data Dictionary enable the implementation of the Commission's revised EQR filing process. This order also updated the EQR Data Dictionary's list of Balancing Authority names and abbreviations to reflect changes in the official source of such data.